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1 – 10 of 15Alan R. Friedman, Dani R. James, Gary P. Naftalis, Paul H. Schoeman and Chase Henry Mechanick
To analyze the U.S, Supreme Court’s decision in Liu v. S.E.C., 140 S. Ct. 1936 (2020) and its potential implications for insider trading cases.
Abstract
Purpose
To analyze the U.S, Supreme Court’s decision in Liu v. S.E.C., 140 S. Ct. 1936 (2020) and its potential implications for insider trading cases.
Design/Methodology/Approach
Provides context on the history of disgorgement in SEC enforcement proceedings; discusses factual and procedural background underlying the Liu decision; summarizes the Court’s opinion and rationale, with a particular focus on the Court’s pronouncements regarding the permissible scope of SEC disgorgement as an equitable remedy; identifies and explores three possible issues in insider trading cases that may be affected by the Court’s narrowing of SEC disgorgement.
Findings
In Liu, the Supreme Court narrowed SEC disgorgement by stating that, as a general matter, SEC disgorgement is not permitted where: (1) the proceeds are not remitted to investors; (2) one defendant is made to disgorge profits that were received by someone else; or (3) the amount of disgorgement fails to deduct legitimate business expenses, in each case subject to possible exemptions as outlined by the Court.
Practical implications
This rule may call into question whether courts may: (a) order disgorgement against insider traders, given the difficulty of identifying investors who have been harmed; (b) order insider traders to disgorge profits earned by others on account of their violations; or (c) order insider traders to pay civil penalties under Section 21 A of the Exchange Act based on profits earned by others.
Originality/Value
Expert analysis and guidance from experienced securities enforcement lawyers with expertise in insider trading.
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Loreta Tauginienė and Jolanta Urbanovič
This chapter guides the reader to an understanding of social responsibility in educational settings, namely on school/university social responsibility (USR). The phenomenon of…
Abstract
This chapter guides the reader to an understanding of social responsibility in educational settings, namely on school/university social responsibility (USR). The phenomenon of social responsibility in these settings is nuanced when encountering stakeholders, either external or internal. This chapter conceptualizes school/USR and describes related stakeholders and their management strategies. In addition to this, the chapter discusses eight transition lines of stakeholders developed on the expectations of stakeholders, the degree and the format of engagement and impacts on society and institutions: pupil–student; teachers-academics; parents; alumni; future employers; business sector; funding providers; and society at large. It concludes that a managerial pattern while implementing social responsibility by involving stakeholders differs by educational setting. This is to say that school social responsibility is rather carried out through process, whereas USR concerns both process and outputs. This distinction results in introducing the definition of school/USR as a commitment toward performance based on ethical and other conventional principles that are respectively substantiated in the mission, values and related activities in the interplay with all possible stakeholders in order to create social value foremost.
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Edward O. Akoto, Eunice V. Akoto and Justice N. Bawole
After several years of political emancipation from colonial rule, it is time for African nations to do the same economically. Our analysis indicates that the current political…
Abstract
After several years of political emancipation from colonial rule, it is time for African nations to do the same economically. Our analysis indicates that the current political leadership environment is VUCA laden and complicated, leading to grand challenges on the continent. Therefore, the old political leadership models are inadequate for addressing the African VUCA and leadership landscape, hence, the inability to achieve the needed economic advancement. We propose a paradigm shift in political leadership for the continent to bring the decades-long desire for economic freedom to fruition by adopting the relevant organizational science and corporate leadership models for political leadership effectiveness in this complex and dynamic environment. We accomplish this by integrating three frameworks to derive nascent management and leadership capabilities relevant to the new African political leadership context and to ensure current and future leadership readiness for this new environment.
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Aslib Library holds a collection of thesauri, subject headings and classification schemes which are used to answer members' enquiries about the existence of schemes for particular…
Abstract
Aslib Library holds a collection of thesauri, subject headings and classification schemes which are used to answer members' enquiries about the existence of schemes for particular subject fields and many of which are available on loan for two weeks. Our policy is to acquire all significant English language publications and bilingual or multilingual items with English as one of the languages.
The purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.
Abstract
Purpose
The purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.
Design/methodology/approach
This article reviews each of the following areas: a brief history of privacy; philosophical definitions of privacy along with specific critiques; legal conceptions of privacy, including the history of privacy protections granted in constitutional and tort law; and general critiques of privacy protections both moral and legal.
Findings
A primary goal of this article has been to provide an overview of the most important philosophical and legal issues related to privacy. While privacy is difficult to define and has been challenged on legal and moral grounds, it is a cultural universal and has played an important role in the formation of Western liberal democracies.
Originality/value
The paper provides a general overview of the issues and debates that frame this lively area of scholarly inquiry. By facilitating a wider engagement and input from numerous communities and disciplines, it is the authors' hope to advance scholarly debate in this important area.
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Kevan Penter, Graham Pervan and John Wreford
The purpose of this paper is to contribute towards development of a management framework for offshore business process outsourcing (BPO).
Abstract
Purpose
The purpose of this paper is to contribute towards development of a management framework for offshore business process outsourcing (BPO).
Design/methodology/approach
This paper utilises longitudinal case studies to identify success factors in managing offshore BPO via the captive model (i.e. wholly‐owned subsidiary).
Findings
Success in offshore BPO is based on a combination of cost savings, technical service quality and strategic issues, is specific to business context and will change over time. Choice of engagement model (e.g. captive operation or arms‐length contracting) is an important success factor. Advantages of captive centers arise from higher levels of relationship quality, trust and collaboration effectiveness.
Research limitations/implications
This paper focuses on two global companies in two industry sectors (airlines and telecommunications), and both have adopted one particular BPO model (i.e. captive operation).
Originality/value
The paper contributes to scarce literature on offshore captive BPO operations, the most common but also least researched engagement model. The findings have practical implications for managers designing offshore BPO strategy.
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